RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01726
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to change his Survivor Benefit Plan (SBP) election
from no coverage to full coverage, spouse only.
___________________________________________________________________
APPLICANT CONTENDS THAT:
The applicant indicates that during the processing of his
retirement application he was distracted by personal crises,
(family and at his church) which interfered with his abilities to
make an election more reflective of his true intent, which was to
ensure his wife’s protection under the SBP program.
He states that it is clear that had he failed to make an election,
the Air Reserve Personnel Center (ARPC) would have established
maximum coverage for his wife, by default.
Applicant’s request is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Effective 31 Dec 83, the applicant was assigned to the Retired
Reserve awaiting pay at age 60. His date of birth (DOB) is
28 Jan 42.
On 1 Nov 01, applicant executed DD Form 2656, Data for Payment of
Retired Personnel, and elected not to participate in the Survivor
Benefit Plan. On the same date, his spouse concurred with the
election.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPP reviewed this application and recommended denial. In
order to establish survivor benefit coverage under the SBP, a
member must complete Section IX of DD Form 2656, Data for Payment
of Retired Personnel, and submit the form to HQ ARPC. The
applicant completed the DD Form 2656, which was received at ARPC on
7 Nov 01. Since the applicant elected not to participate in the
SBP, and his spouse concurred with the decision, HQ ARPC had no
reason to question the validity of the election.
An election not to participate in the SBP is irrevocable if not
revoked before the date on which the member first becomes entitled
to retired pay. In the applicant’s case, he did not revoke his
election prior to his 60th birthday (28 Jan 02), and by law, he
cannot cover his spouse now.
A complete copy of the evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant submitted a letter further explaining his original
contentions that he was in the midst of attending to critical
matters for two grandchildren, dealing with some family health
challenges and helping to lead some major facility projects at
church. In the limited time he had to work on his Reserve
paperwork, he was more focused on completing the application on
time.
He further states that HQ ARPC’s recommendation continues to focus
on the obvious, that he elected not to participate, which he is not
contesting, but does not look at all or most aspects of the entire
situation which includes:
a. That evidence of people making paperwork mistakes under
stress is a frequent occurrence and does not indicate any intent to
disguise or mislead.
b. That he served the Air Force honorably for 23 years with
nearly 9 years of active duty, including nearly 2 years in Vietnam
and Southeast Asia.
He included a letter of qualification from his pastor along with
his response.
Applicant’s complete response, with attachment, is at Exhibit E.
___________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice of
the applicant's complete submission in judging the merits of the
case; however, we agree with the opinion and recommendation of the
Air Force office of primary responsibility and adopt their
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
___________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
___________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
02-01726 in Executive Session on 21 January 2003, under the
provisions of AFI 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Ms. Patricia D. Vestal, Member
Mr. Roscoe Hinton Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 May 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DPP, dated 17 Jul 02.
Exhibit D. Letter, SAF/MRBR, dated 26 Jul 02.
Exhibit E. Letter, Applicant, dated 11 Aug 02, w/atch.
DAVID C. VAN GASBECK
Panel Chair
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